Adherence to University rules and the decision-making process for awarding degrees.

JUDGMENT

Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.

2. Petitioner took admission in B.A., Part-I Course during academic session 2018-2019 in Government Post Graduate College, Ramnagar, which is affiliated to Kumaon University. Petitioner appeared in the first semester examination held in December, 2018 and passed in three out of five papers, but, was declared unsuccessful in remaining two papers. Thereafter, she appeared in second semester examination and passed all the papers of second semester examination. Subsequently, along with her third semester examination, petitioner re-appeared in all papers of first semester examination and now she has successfully completed her B.A. Course, however, the University is not issuing mark-sheet of first semester examination. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:

"I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 1 and 2 to issue and release the marksheet of the petitioner pertaining to the B.A. I Semester forthwith and to issue the Degree of B.A. Graduation Course immediately to the petitioner as per the due procedure.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to permit the petitioner to participate in the B.Ed. Entrance Examination 2021 in case the marksheet of the petitioner pertaining to I Semester is released after the last date of submission of application form for B.Ed. Entrance Examination 2021."

3. Learned counsel appearing for the University was asked to get instructions in the matter. Today, on instructions, he submits that as per University Rules, any student, who is unsuccessful in semester examination in two papers, can be promoted provisionally to the next semester and he can appear in those papers in which he or she has failed, as back paper. He further submits that petitioner was thus entitled to appear only in two papers of first semester examination, in which, she was unsuccessful, however, petitioner re-appeared in all the five papers of first semester examination, and she has again passed in all five papers of first semester examination, including the three papers in which she was declared successful earlier.

4. According to learned counsel appearing for the University, now a difficulty is being faced by the University as to whether the marks originally scored by petitioner in the three papers of first semester examination, which she had passed in 2018 have to be counted or the marks scored by her in these three papers, in which, she erroneously re-appeared along with third semester examination have to be taken into account for determining her pass percentage.

5. Learned counsel for the petitioner submits that petitioner has no objection if the marks originally scored by her in the three papers of first semester examination are taken into account for determining her pass percentage in B.A. Course.

6. Mr. B.D. Upadhyay, learned Senior Counsel then submits that University will take appropriate decision in the matter within 48 hours and issue mark-sheet of first semester examination of B.A. Course to the petitioner within 48 hours.

7. Accordingly, writ petition is disposed of by taking the statement made by Mr. B.D. Upadhyay, learned senior counsel appearing for the University on record. This Court hopes and expects that decision regarding award of B.A. Degree shall also be taken by the University within two weeks.